WASEEM RAJA Vs. STATE & ORS

JUDGEMENT

(1.) Petitioner, who is working as Accounts Manager under National Health Mission Scheme in Sub-District Hospital Banihal, was suspended vide order No.DCR/PS/16/398-402 dated 12.08.2016 on account of registration of FIR No.101/2016 dated 29.07.2016 under Sections 147/148/149/120-B & 121-A RPC.

(2.) Learned counsel contends that preliminary enquiry as well as regular departmental enquiry has already been conducted in the matter and the petitioner has been exonerated by the Enquiry Officer. The matter has been forwarded to the Disciplinary Authority but no decision has been taken in the matter till date. In the meantime, the petitioner continuous to be under suspension and has not been paid any amount on account of subsistence allowance.

(3.) Learned counsel further contends that continuation of the suspension of the petitioner without payment of subsistence allowance, that too, in violation of Rule-108(A) of the CSR, 1956, is absolutely arbitrary. Rule-108(A) of CSR as referred to above is reproduced hereunder:-